T.N Godavarman Thirumulpad v. Union Of India And Others

Order

Interlocutory Applications Nos. 1413-14, 1426, 1428, 1440-41, 1454, 1459, 1460, 1662-63 and 1675

1. IAs Nos. 1413-14, 1426, 1428, 1440-41, 1454, 1459 and 1460 are taken on board.

2. Mr A.D.N Rao, learned counsel appearing for the MoEF states that the Forest Advisory Committee (FAC) has not granted any temporary working permit or permission (TWP) after 15-9-2006. We direct that:

(1) In principle approval granted by the FAC after 15-9-2006 shall be brought to the notice of the new FAC to be constituted for their information and action, if any, required in any case.

(2) In all cases where TWP have been granted and are being worked, the validity of such TWPs shall stand extended up to 15-12-2006.

(3) For public sector undertakings, the existing orders would continue up to 15-12-2006.

(4) In all cases where decision in respect of Stage I permissions were taken by FAC, mining in already broken up areas can continue up to 15-12-2006 on the conditions stipulated in the order dated 4-8-2006 (2010) 13 SCC 740, (2006) 7 Scale 552. It is clarified that under this clause, the NPV will be payable for the entire area for which in principle approval has been granted.

3. List these matters on 15-12-2006.

IAs Nos. 1000 with 982-84, 1026-28 and 1123-24, 1197-99 and 1210-11, 1250-11, 1512 in WP (C) No. 202 of 1995

4. Heard learned counsel for the parties. Judgment reserved. The learned amicus curiae and learned counsel appearing for the State of Rajasthan and Union of India are permitted to file written note with additional material, if any, by 6-12-2006.

IAs Nos. 1399 in 946 in 301-82 with IAs Nos. 1327-28 and 1526 with IAs Nos. 1415-16 and 1417-19 and IAs Nos. 990 in 860 and 863

5. List the applications on 15-12-2006.

Court Masters